Subsidiariteitstoets groenboek over de rol van de civil society in het drugsbeleid in de EU (COM(2006) 316); Groenboek over de rol van de civil society in het drugsbeleid van de Europese Unie
Staten-Generaal — Kamerstuk 
Datum: 2014-07-05 00:00:00.000000
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Kamerstuk 30637, nr. 1

 
 
 

Kamerstuk

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06-07-2006

Eerste en Tweede Kamer der Staten-Generaal

2005-2006

30637 nr. 1;A

26-06-2006

 

 

 
 
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 AanhefLichaamon the role of Civil Society in Drugs Policy in the European
UnionTABLE OF CONTENTS GREEN PAPERObjectiveBACKGROUNDCONCEPT OF CIVIL SOCIETYTHE COMMISSION’S COOPERATION WITH CIVIL SOCIETY
TO DATECIVIL SOCIETY STAKEHOLDERS IN THE DRUGS FIELDTHE WAY FORWARD: DIFFERENT OPTIONSCivil Society Forum on DrugsThematic linking of existing networksCONCLUSIONANNEX:Examples of the Commission working with civil society1. Consulting through Internet2. Open consultation with those interested, registration
needed3. Representative civil society (NGO) networks4. Combination of two-level fora4.1. Health Policy Forum and Open Forum4.2. HIV Think Tank and Civil Society Forum
 

 
 
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30 637Subsidiariteitstoets van groenboek over de rol van de civil society
in het drugsbeleid in de Europese Unie (COM(2006) 316)Anr. 1GROENBOEKBrussels, 26.06.2006on the role of Civil Society in Drugs Policy in the European
Union(presented by the Commission)TABLE OF CONTENTS 1.Background22.Concept of civil society33.The Commission’s
cooperation with civil society to date34.The Union’s Legal
and Policy Framework on drugs45.Civil society stakeholders
in the drugs field46.The way forward: different
options56.1.Civil Society Forum
on Drugs56.2.Thematic linking
of existing networks67.Conclusion7ANNEX: Examples of the Commission
working with civil society8GREEN PAPERon the role of Civil Society in Drugs Policy in the
European UnionObjectiveThe worldwide impact of the production and consumption of illicit drugs
is one of the gravest problems facing societies and governments today. It
takes the form of disease, crime, corruption, political and social instability,
and the erosion of many values that ordinary people take for granted as part
of a dignified and secure life.The Member States of the European Union are increasingly aware of this
and of the need for closer cooperation and coordination on drug policies if
they are to succeed in providing citizens with high levels of security and
public health that are part of a civilised society, and without which the European Union would lose the soil in which it is rooted: European
civil society.The object of this Green Paper is to explore the scope for bringing those
most directly concerned by the drugs problem more closely into the policy
process on drugs at EU Level as provided by the EU Action Plan on Drugs 2005–20081 and reflected in the European Transparency Initiative2, it does so by launching a wide-ranging consultation
on how to organise a structured and continuous dialogue on this issue between
the Commission and civil society, and to seek ways of adding value through
constructive advice, with a view to placing the specific experience and knowledge
of civil society at the disposal of the policy making process at EU level
in a practical and sustainable form. The principal objective at this stage
is to realise such input in relation to the EU Action Plans on Drugs.This Paper seeks to set out the situation today and to put forward options
for the future. The Commission calls on all interested parties to make comments
and suggestions, no later than 30 September 2006
to the following address:European CommissionDirectorate General for Justice Freedom and SecurityUnit C2 – Anti-Drugs Policy Coordination Unit,LX 46 1/88 – 1049 Brussels, BelgiumE-mail: JLS-drugspolicy@ec.europa.euFax: +32–2-295 32 05Contributions received will be published on the Commission’s website
in the language in which they are submitted and with the author’s names,
unless they indicate their wish to remain anonymous or request that their
entire contribution be treated as confidential. The Commission will issue
a report on the contributions received and suggest ways forward, which will
also be published on the Commission’s website.BACKGROUNDDrug related health and social risks and drug-related crime are major
public concerns. Opinion polls show that drugs are seen as a key issue for
the EU3. The EU has responded since the 1990’s
by developing Drug Strategies and Action Plans to implement them. The present
Drug Strategy covers the period from 2005 to 20124
and is supported by an Action Plan covering 2005–2008. The Commission
will carry out annual progress reviews and a final evaluation of the current
Plan before proposing a new one for 2009–2012.The EU Strategy reflects the fundamental principles of the European model
on drugs: a balanced,integrated and multidisciplinary approach in which action
against drug supply and on reducing demand for drugs are seen as mutually
supportive and equally important. The Strategy is an integral part of the «Hague
Programme» for strengthening freedom, security and justice in the EU5. The EU Strategy aims to achieve high levels of health
protection, social cohesion and public security.The EU Action Plan on Drugs 2005–2008 specifically calls to strengthen
the involvement of civil society and asks the Commission «to issue a
green paper on ways to effectively cooperate with civil society»6.During the preparation of the present Action Plan (2005–2008), an
informal consultation was held through a special web site. In the conclusions
to that consultation the Commission committed itself to seek to structure
cooperation with civil society in the drugs field in order to ensure a sustainable
exchange of views, experience and best practises between the various actors
and to enable them to provide input and feedback on drug issues at EU level7. In its recommendation on the EU Drugs Strategy (2005–2012), the European Parliament called for more active involvement
of civil society, NGOs, the voluntary sector and the general public, including
drug users, in resolving drug-related problems1.
The importance of active civil society involvement has furthermore been emphasised
by the European Economic and Social Committee (EESC).In January 2006, the Commission organised a conference where more than
one hundred representatives of civil society met to explore specific ways
of involving citizens’ organisations more closely in the various dimensions
of drug policy at EU level. The main outcome of the discussions was (1) the
recognition that a properly resourced forum was needed to achieve this, and
(2) that such a forum would need to be genuinely representative of the people
and organisations on whose behalf it would speak. The difficulty of articulating
the representativity of this forum was also acknowledged. The participants
also called for civil society to be involved more closely in monitoring the
implementation of the EU Drugs Action Plan and in setting priorities for the
future2. The amended proposal for a Decision of
the EP and Council establishing for the period 2007–2013 the specific
financial programme on drugs prevention and information3 provides for the involvement of Civil Society in the implementation
and development of the EU Action Plan.CONCEPT OF CIVIL SOCIETYThere is no commonly accepted definition of the concept of civil society.
The Commission has often used the term to refer to a broad range of organisations
representing both social and economic players. However, for the purposes of
the subject that is covered in this Green Paper a narrower concept is used:
the definition suggested by the Council’s Horizontal Drugs Group in
its thematic debate on the subject in September 2005 was «the associational life operating in the space between the state and market,
including individual participation, and the activities of non-governmental,
voluntary and community organisations»4. It is important to note that it also covers those individual citizens
who clearly make a significant commitment or contribution to society in a
particular field.Even if Member States are crucial players when it comes to facilitating
or channelling civil society participation, the EU level is increasingly seen
as important. In fact, recent history has amply demonstrated that the involvement
of European citizens is crucial for the effectiveness, and indeed acceptance,
of the EU5. The main aims of involving civil society
are:• To support policy formulation and implementation through practical
advice• To ensure an effective two-way information flow;• To stimulate networking among civil society organisations;Citizen participation takes place at different stages of the policy making
process. Civil society can strengthen the legitimacy and accountability of
governance, improve the flow of information, and give a voice to those affected
by public policies, who might otherwise not be heard.THE COMMISSION’S COOPERATION WITH CIVIL SOCIETY
TO DATEThe development of closer cooperation with civil society is a part of
the development of European governance and bringing Europe closer to citizens6. The rules for such cooperation are laid down in several
Commission documents. The Commission’s line on civil society and other interest groups
was officially expressed for the first time in the Communication «An
open and structured dialogue between the Commission and special interest groups»
of 19921 where openness and equal access
were indicated as the guiding principles for these relations. In recent years
the Commission has further developed its policy on participation by civil
society organisations and other stakeholders, in particular by adopting the «White
Paper on European Governance» and the «General Principles and
Minimum Standards for the Consultation of Interested Parties».The commitment to widen opportunities for stakeholders to participate
actively in EU policy shaping is one of the Commission’s «Strategic
Objectives 2005–2009» with which the Commission launched a «Partnership
for European Renewal»2. In this context,
the Commission emphasised, in particular, that«inherent
in the idea of partnership is consultation and participation».NB. Detailed examples of ways in which cooperation
between civil society and the Commission is structured in some areas are given
in the annex.Even if there is no common European drug policy like there is e.g. a common
agricultural policy, over time it has become clear that the serious and complex
issues relating to drugs cannot be dealt with by Member States acting alone,
but also requires effective cooperation at EU level. That is why the EU has
developed a common approach through the EU Drugs Strategy and the EU Action
Plans. Furthermore, certain legal provisions in the Treaties give a clear
basis for European action to complement what is done at national level.The legal framework3 provided by the Treaty
establishing the European Community (TEC) gives the Community powers to play
a significant role on drugs in a limited number of areas such money laundering,
trade in drug precursors and protection of public health. In the latter area,
the Community complements the Member States’ action in reducing drug
related health damage, including information and prevention. Examples of Community
legislation include a Directive on the prevention of money laundering based
on article 57, a Regulation on precursors based on article 95 and a Council
Recommendation on the prevention and reduction of health related harm associated
with drug dependence based on article 152, respectively of the TEC. The European
Monitoring Centre for Drugs and Drug Addiction (EMCDDA) is a Community Agency
established within the framework provided by the TEC Treaty.Title VI of the Treaty on the European Union (TEU) calls for further cooperation
in creating an area of freedom, security and justice, including action on
drugs. These are areas of shared competence, where both the Commission and
the Member States have the right to take initiatives. Examples of EU legislation
include a Framework Decision on drug trafficking based on article 31 and 34
(Title VI) of the Treaty4 and a Council Decision
on new Psychoactive Substances based on articles 29, 31 and 34 (Title VI)5.CIVIL SOCIETY STAKEHOLDERS IN THE DRUGS FIELDThis Green paper represents the first attempt to structure the dialogue
with European civil society organisations in the drugs field. There are many
reasons for involving civil society more closely in the process of policy
planning, implementation and evaluation. Consultation and dialogue
with civil society and other stakeholders in the policy shaping phase helps
to improve the policy outcome and enhance stakeholders’ involvement.
Civil society frequently looks upon the EU as a distant entity. Moreover,
they often lack the infrastructure and knowledge to be active at European
level. Nevertheless, civil society often bears considerable responsibility
for implementing at local level the sort of actions that are set out in the
EU Action Plan on Drugs, especially in achieving the objectives on drug prevention,
treatment and rehabilitation of drug users. Civil society acts either as a
service provider or as representing the interests of professionals working
in these fields. NGOs and voluntary groups of various kinds are often good
at developing innovative approaches based on a realistic picture of what is
actually needed. Many civil society organisations work with the most vulnerable
groups affected by the drugs problem.There is a great variety amongst civil society actors in any given field.
This diversity should be acknowledged when building structures for consulting
civil society at the European level but it should be balanced against the
need for effective and organised debate. Civil society in the drug field is
often divided along philosophical, ideological, moral and scientific lines
and any further steps in involving civil society at EU level imply choices
about whom to include in the process and about the nature of the contribution
they can make. The outcome of the EU-civil society conference of January 2006
clearly suggests that there is as yet no clear answer to either question.There are also groups and associations supporting or otherwise representing
drug users or their families, as well as the many other civil society actors
who, while not working directly or primarily with drug policy, still have
a valuable contribution to make to any dialogue. This is particularly true
in areas such as HIV/Aids.Civil society organisations are most typically involved in drug demand
reduction but their role on reducing supply should not be underestimated (e.g.
in helping to tackle local drug markets). Many civil society associations
also have broad experience of working in the drugs field in other countries
through development work.THE WAY FORWARD: DIFFERENT OPTIONSThis chapter is based on the feed-back the Commission received when consulting
civil society informally in the context of preparing the present Green Paper
and on the conclusions of the January 2006 conference with civil society.
The overriding concern of civil society expressed in both cases was to have
a permanent, structured dialogue with the Commission.The Commission now submits to public consultation two options for organising
this dialogue, namely (1) a Civil Society Forum on Drugs and (2) thematic
linking of existing networks.Civil Society Forum on DrugsA Civil Society Forum would be a broad platform for a structured dialogue,
but at the same time membership needs to be limited for it to be manageable
and yield operational results. The object is not to create
a civil society assembly as a platform for various ideologies but to create
a practical instrument to support policy formulation and implementation through
practical advice.The Forum would not be a formal structure within the
Commission but would provide a platform for regular informal consultations.
The themes of the discussions would mainly be defined by the EU Action Plan,
although other themes of general interest in the field of drugs should not be excluded. The Forum should not replace or duplicate the existing
debate between civil society and national or local governments. The focus
should be on European added value.Representation of different stakeholders and different
policy options should be balanced to avoid one-sided views.The forum would be chaired by the Commission which
would also be responsible for certain practical aspects and for ensuring continuity
of the work.Membership of the Forum would be fixed for a certain
period of time. Participants would have to fulfil a set of criteria to be
eligible. A non exhaustive list of these criteria is set out below:• The organisation has to correspond to the concept
of civil society as set out in 2.• The organisation has to have its main base of operation in an EU
member state or a candidate country. Organisations from European Neighbourhood
Policy Countries may also participate, when appropriate.• Priority will be given to those organisations that are established
in the form of transnational networks covering a number of Member States and/or
candidate countries.• The organisation has to have drug related activities as the core
focus of its activities. Organisations covering directly different aspects
(e.g. treatment, prevention) would be selected to ensure broad coverage of
the drugs issue.• Credibility: Organisations should have
a clear track record of their activities.• Representativeness: Organisations should
be recognised as being able to speak on behalf of those they claim to represent.Within these criteria, the Commission would select members for the forum
on the basis of an open call, after it has received and analysed reactions
to this Green Paper and published its report.Thematic linking of existing networksAs an alternative or complement to establishing a Civil Society Forum
on Drugs, the thematic links between the different networks could be strengthened.
There are numerous networks active on drug issues in Europe. These are often
very effective in sharing information on best practices, effective responses
etc. among their members while dissemination outside the network, including
feedback to the Commission could often be improved.Creating cooperation by linking networks under common themes might offer
an informal, light and cost-effective way to structure the information flows
and enable a more effective consultation with civil society.One purpose of the thematic networks would be to assist the Commission –
and indeed the Member States and the other European Institutions – on
issues requiring specific experience or expertise in those areas where they
could provide added value. They could also provide a single contact point
with the Commission, provided they are considered representative. The contact
point could also work with the Commission in identifying possible funding
sources from the Community and disseminating this information to its members.A practical example of linking such networks could be taken from the field of drug treatment, where European networks on therapeutic communities,
substitution treatment, drug treatment professionals, etc. could discuss a
civil society approach on improving the access to and the quality of the treatment
services as well as good practice (Objective 12 of the EU Action Plan). Discussions
could take different forms (exchange of views through Internet, meetings,
etc.)CONCLUSIONIn accordance with the EU Action Plan on Drugs, this Green Paper has outlined
the main issues towards a more effective cooperation with civil society. It
has put forward a number of options that need to be considered when setting
up a more structured and permanent dialogue on drugs policy between the Commission
and civil society and suggested possible solutions.(1) The Commission would like to receive comments, views and ideas
on developing dialogue between the Commission and civil society in the field
of drugs and especially replies to the following questions.   (2) What
are your views on the benefits, added value or weaknesses of the Civil Society
Forum on Drugs as outlined in this Green Paper? Do you agree with the main
elements proposed?  (3) What are your views on the benefits, added
value or weaknesses of thematic linking of the existing networks as outlined
here and for what thematic areas could this be adopted? Do you agree with
the main elements proposed?  (4) Do you see the Civil Society Forum
and the thematic linking of existing networks as complementary or as alternatives
to each other? Please provide details on how arrangements could work out in
either case.  (5) Do you consider any of the examples of consultation
practices listed in the annex below to be particularly relevant as a basis
for structuring the dialogue on drugs, and if so, why?   (6) Would
you prefer, and for what reason, any other option not mentioned in this Green
Paper. If so, please give details.   (7) Would your organisation
be willing to participate in a structured dialogue with the European Commission? ANNEX:Examples of the Commission working with civil societyThe Commission has a long tradition of consultation and dialogue with
civil society and has developed many ways for doing this. Some concrete examples
on how the dialogue has been organised are given below. The Commission would
welcome comments as to how current practice in other areas might be relevant
to structuring dialogue on drug-related issues. 1. Consulting through InternetIn introducing the minimum standards for consultation to ensure that stakeholders
are consulted in a transparent and coherent way, the Commission created a
single access point in the Internet called «Your voice in Europe»1. Apart from the consultations, the site also offers a
possibility for discussions on European policies and a chance to provide inputs
and feedback to the Commission. It also offers a possibility to sign up for
information on future consultations and debates.2. Open consultation with those interested, registration
neededA model for combining consultation through the Internet with an open consultation
of the interested stakeholders is provided by DG Trade. The process was launched
in 1998 and the dialogue is open to non-profit civil society organisations
in the EU and candidate countries. Its aims to consult widely, address concerns
on trade policy, improve trade policy-making and transparency.Participants are required to register in a special database, which is
also used as a tool for communicating with them.3. Representative civil society (NGO) networksAs part of the Community Action Programme to promote Active European Citizenship,
DG Education and Culture supports a wide range of civil society organisations
that seek to enhance citizen’s participation in the European project.
Such organisations include NGO’s, platforms, networks, trade unions,
think tanks, associations and federations of a general European interest.
In this context, the Commission has set up an informal network at the European
level, and organises regular meetings to discuss major issues in the field
of active citizenship. These meetings are designed to receive input and ideas
with a view to develop a more structured impact analysis of all initiatives
carried out in the relevant areas. It also provides a forum to address relevant
issues of horizontal nature.DG Employment, Social Affairs and Equal Opportunities is responsible for
linking with a Platform of European Social NGOs created in 1995. A group of
relevant NGOs came together to organise an NGO Forum to discuss the Green
Paper on European Social Policy. This co-operation continued on an informal
basis and gave rise to common positions on the proposal for a European Social
Policy Forum.The group now has 39 member organisations operating in the social sector.
Via these members, it brings together over 1700 organisations, associations
and other voluntary bodies at local, regional, national and European level,
representing a wide range of civil society. 4. Combination of two-level fora4.1. Health Policy Forum and Open ForumPublic health issues are discussed with civil society at two levels: the
EU Health Policy Forum and the Open Forum.The EU Health Policy Forum is the result of a consultation the Commission
implemented following the Communication on the health strategy in Europe and
the proposal for a Community Programme in public health1. The Health Policy Forum brings together European umbrella organisations
representing stakeholders in the health sector to ensure the EU’s health
strategy is transparent and responds to public concerns. It meets twice a
year in Brussels and seeks to cover four groups of organisations:1. Non-governmental organisations in the public health field and patients‘
organisations.2. Organisations representing health professionals and trade unions.3. Health service providers and health insurance.4. Industry with a particular health interest.It has currently 50 European member organisations. These have national
members in all or most of the EU member states. Non-member organisations interested
in the work of the Health Policy Forum can on request be included in a database
of organisations that are kept informed about the work of the Policy Forum
(circulation of the minutes, consultation etc.).The Open Forum extends the work of the Health Policy Forum to a broader set of stakeholders, chiefly on a national level, in the
form of a conference and exhibition event. The
objective is to provide a platform for networking and exchange of ideas, involving
particularly groups and organisations which do not normally take part in EU
policy making The Open Forum was organised for the second time in November
2005 with approximately 370 participants.4.2. HIV Think Tank and Civil Society ForumThe Commission has set up a co-ordination structure to help in the formulation
and implementation of policy activities on HIV/Aids in Europe. These include
the HIV/Aids Think Tank and an HIV/Aids Civil Society Forum.The Think Tank has representatives of the member states, candidate countries
and EEA countries. In addition representatives of civil society, relevant
international organisations, Belarus, Moldova, Russia, Switzerland, and Ukraine
are invited to the meetings as observers.The HIV/Aids Civil Society Forum has 30 NGOs and civil society organisation
from all over Europe. The Forum aims to increase informal consultations with
civil society, provides advice and identifies key issues of HIV/Aids policy
by commenting policy proposals, activities and priorities of the Public Health
Programme. The Forum is not a formal structure within the Commission but the
Commission organises meetings and covers travel costs. Membership is by application
and members are chosen by the Commission.The participants have to be civil society organisations with HIV/Aids
activities as a considerable focus of their work either as a patient organisation,
NGO working with affected communities or a European network. They have to
have a sufficient presence in the field and possess good communication links
with other local NGOs to be able to offer a good presentation of the country
situation and to act as a focal point for the country in question2.XNoot1OJ C 168, 08.07.2005.XNoot2COM (2006) 194 final.XNoot3http://europa.eu.int/comm/public_opinion/archives/eb/eb63/eb63_en.pdf.XNoot4Cordrogue 77, 22.11.2004.XNoot5The Hague Programme: strengthening freedom, security and justice in the
European Union, OJ C 053, 03.03.2005.XNoot6Objective 3, action 1 of the EU Action Plan on Drugs.XNoot7http://europa.eu.int/comm/justice)_home/news/consulting_public/drugs/summary_contributions_en.pdf.XNoot1European Parliament recommendation to the Council and the European Council
on the EU drugs strategy (2005–2012) (2004/2221(INI)).XNoot2See http://europa.eu.int/comm/justice_home/news/information_dossiers/drugs_conference_06/index_en.htm.XNoot3COM(2006) 230 final of 24.05.2006.XNoot4Cordrogue 80, 30.11.2005.XNoot5COM(2006) 35 final.XNoot6COM (2001) 428 final.XNoot1OJ C 63 of 5.3.1993.XNoot2COM(2005) 12 final.XNoot3See http://europa.eu.int/eur-lex/lex/en/treaties/index.htm for the text
of the Treaties.XNoot4Council Framework Decision 2004/757/JHA of 25 October 2004 laying
down minimum provisions on the constituent elements of criminal acts and penalties
in the field of illicit drug trafficking, OJ L 335, 11.11.2004.XNoot5Council Decision 2005/387/JHA of 10 May 2005 on the information exchange,
risk-assessment and control of new psychoactive substances, OJ L 127, 20.05.2005.XNoot1See http://europa.eu.int/yourvoice/index_en.htm.XNoot1COM (2000) 285 final.XNoot2See http://forum.europa.eu.int/Public/irc/sanco/ehf/library. 
 
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